situation as they dismiss questions about her being silenced. let's go out front. and good evening, i'm erin burnett. out front tonight, the breaking news. suing former trump white house chief of staff mark meadows suing the house january 6th committee and speaker nancy pelosi. meadows wants a court to block enforcement of both the subpoena the committee issued him to testify, as well as the subpoena that it issued to verizon to get all of his phone records. well, committee vice chair liz cheney has just responded to cnn telling meadows, bring it on. telling cnn just moments ago, quote, the committee has received a number of extremely interesting, nonprivileged documents from mr. meadows. and now, he is refusing to appear to answer questions about these nonprivileged documents. well, that would appear to be pretty inconsistent, right? and so, the committee is now moving to hold meadows formally in criminal contempt. that will make meadows the third former-trump official that the committee will vote to hold in contempt. clearly, there is this pattern here and there is a strategy by trump's closest allies. delay, distract long enough to kill the committee and its investigation. it is important to note that this total breakdown between meadows and the committee comes after meadows did, initially, cooperate as cheney just said, right? he handed over very important e-mails and text exchanges, including an early january 2021 text exchange between meadows and an organizer of the january 6th rally. a january 5th e-mail about having the national guard on standby. january 5th -- let me just remind you -- the day before. talking about the national guard. hmm. and text messages about the need for trump to issue some kind of a public statement to stop the january 6th attack at the capitol. now, we know trump didn't actually do that until hours later. instead, telling the rioters as, no doubt, you remember, quote, we love you. you're very special. so, meadows texts that he already willingly provided, their content, and their exact timing matters. especially, because meadows is on the record saying this. >> no one in the west wing had any advanced knowledge of -- of what was going to happen on january 6th in terms of the breach of security. additionally, a number of things that -- that took place actually would -- would not go towards supporting that narrative. >> hmm. then, why did he have an e-mail about having the national guard on standby the day before if nobody had any idea that anything would go wrong? and why was he texting with the rally organizer? well, here's a crucial thing about all of this. meadows handed over those communications that i am referring to, as liz cheney said, willingly. there wasn't a word about executive privilege when he did so. but now, a complete 180 from meadows. he is now claiming executive privilege to avoid talking about the very texts that he willingly provided. it seems pretty clear he is worried about perjury. and his sudden wake-up call to executive privilege is a now familiar refrain from trump allies at the center of the riot. remember steve bannon? he's been indicted for criminal contempt but his trial won't happen until july. that's the whole game, right? wait, wait, wait, till it's too late. but bannon is crucial. he is the one who got trump back to washington for the rally. he is the one who said this the day before the insurrection. >> all hell is going to break loose tomorrow. just understand this. all hell is going to break loose tomorrow. it's not gonna happen like you think it's going to happen. okay? it's going to be quite extraordinarily different. and all i can say is strap in. the war room -- a posse -- you have made this happen. and tomorrow, it's game day. so strap in. >> bannon is now silent until next summer, if even then. and he is leading a pack. there is not just meadows' bizarre about face. roger stone now says he is pleading the fifth along with trump lawyer john eastman and former justice department official, jeffrey clark. which is pretty amazing, if pleading the fifth is what they now think is their best and only way to save themselves and defend trump. given trump's view of people who take the fifth. >> the mob takes the fifth. if you are innocent, why are you taking the fifth amendment? i think it's disgraceful. have you seen what's going on in front of congress? fifth amendment, fifth amendment, fifth amendment. horrible. horrible. >> and now, a damning sound of silence from many at the core of the january 6th attack. we begin our coverage tonight with paula reid out front on capitol hill. so, paula, mark meadows with this amazing 180, especially in light of the book he just put out about trump which had plenty of pretty horrible and unflattering things to say about trump and his covid illness. what more are you learning about the lawsuit tonight? >> well, in this lawsuit, erin, his lawyers argue that these subpoenas are overly broad and that the committee lacks the true authority to obtain this kind of information. but those arguments have already been rejected by the courts in other matters related to the 16 committee. now, the lawyer also brings up the ongoing litigation by former-president trump who is trying to keep secret some of his records from the committee. now, trump lost that privilege argument but he has appealed it. the litigation is ongoing. if trump ultimately prevails, yes that could potentially help may des. he is trying to choose between privilege rights or being held in contempt but the committee doesn't see it that way. for example, representative adam schiff. he says look this is just an effort to this lawsuit is just an effort to thwart our work here. we are going to continue to proceed with contempt. he points out, erin, the fact that before he changed his mind, meadows handed over 6,000 documents. clearly, he doesn't think those are privileged. so, typically, the way this would work is you would come in, you would be asked about some nonprivileged material. and then, if there was anything that you believe was privileged, you would assert privilege then and there, not just raise this blanket concern and say i can't cooperate or do anything. if they do move forward with this criminal contempt referral, this case is a little bit trickier than steve bannon's for the justice department because unlike steve bannon, of course, meadows was a white house official. he has engaged with the committee. he has provided some materials and he may potentially have some privilege protection. so, this is a much, much more difficult decision potentially for the justice department than steve bannon who really just tied the case up with a bow and handed it to them on a silver platter. >> right, absolutely. but, paula, what's amazing as liz cheney points out, you know, he gaefb gave all these things over and now, he is trying to claim privilege that he didn't claim about the very same pile of information. whether it's just the differences, one is in text form and one is answering questions verbally about those texts. so, what information do you have, um, that you have learned today about these messages that the committee has, these 6,000 pages you refer to? >> it's really interesting. some of the stuff that he actually handed over, erin. according to the committee, among the things that they have received is, for example, one text exchange with an unnamed member of congress where meadows said, quote, i love it in a discussion about the possibility of appointing alternate electors in certain states. a plan that even this member acknowledged would be highly controversial. and that's not all. he also handed over, for example, an e-mail referencing a 38-page powerpoint presentation. it would be a briefing titled "election fraud, foreign interference, and options for january 6th." this is exactly the kind of stuff that the committee is going to be interested in, that they would want to ask him act. and clearly, he doesn't believe is privileged. so just not clear legally how he can argue he can't show up and answer questions about documents he's already given them. >> i mean, it's amazing. as you say, i mean, foreign interference. you know, what's -- the -- the theory about italian satellites being used to mess with u.s. vo voting machines. i mean, truly outlandish conspiracy theories they were throwing around there. paula, thank you so much. it's amazing the detail paula has about these documents. if you are willing to hand those over without privilege, why won't you talk about them? gloria borger is our chief political analyst. norm eisen is former counsel to house democrats during the first trump impeachment trial. so, norm, okay. there is this fundamental issue that i just don't comprehend, right? which is how one can hand over a document and say fine and then say i won't answer questions about it, that's executive privilege. there is also, of course, they could ask about all sorts of other things. and he gave 6,000 pages. maybe, there were 24,000 in total, right? we have no idea what he cherry picked here. does he have any grounds, legally, in this lawsuit? >> um, erin, thanks for having me back. he does not have adequate grounds in this lawsuit to fail to appear before the committee. he's essentially re-litigating the executive privilege claims that donald trump put in his civil lawsuit that failed at the trial court level and the appellate court, clearly, very skeptical of them. look, the bottom line is joe biden is the president, not donald trump. joe biden decides executive privilege. he said it doesn't apply here. this case is a dead loser. >> and -- and of course, you know, if there is something criminal, you can't be claiming privilege on it, anyway. i think it's just important to bear that. keep saying that so people understand. so, gloria, how important are these messages that the committee already has? you know, paula is going through some details there, right, of what they -- they have that, obviously, meadows didn't think was problematic to hand over. there is a lot of information there already. >> yeah, there is a lot of information there and it has nothing to do with conversations with the president of the united states. it has to do with conversations with a member of congress, for example. so, whether he appears or not, let me just say, this is part of the record now. you know, the committee has it. and when you -- you know, look at it in context here. you have the election, november 3rd. you have the election called for joe biden, freely and fairly elected president of the united states, on november 7th. when you look at the dates, of those e-mails that paula's talking about, one is november 7th. when meadows was e-mailing, discussing the appointment of alternate slates of electors, right? i mean, that is the day that joe biden was declared president. and of course, the e-mails on january 5th are the day before the insurrection. so, it gives you a real sense of how into promoting the big lie that mark meadows was. and you can infer, of course -- you can infer -- that this is something that he might have been talking to the president about. although, these particular things are not about conversations with the president. >> right, which is pretty interesting and again, just to emphasize, if as meadows said publicly a month ago, no one had any intimation that there would be anything violent in any way, shape, or form occurring on january 6th, why was he texting with people about the possibility of the national guard by needed on january 5th? i mean, that is at least an inconsistency to ask about. norm, the thing is, though, is that meadows and bannon are different in that one crucial way, right? which is that meadows actually was chief of staff. he worked for the president and bannon didn't, right? so he has as you point out it would seem no grounds for executive privilege. meadows does depending on what he is claiming it about. so, you heard paula say this is much harder for the department of justice to decide if they are going to charge meadows and try oh go to court on this. what do you think they will eventually do here? attorney general garland? >> well, i do think meadows is very likely to be charged with criminal contempt, just like bannon. erin, simply because bannon's claims are bizarre and ludicrous. it doesn't make meadows' claims good. the executive privilege belongs to the president of the united states -- the current president -- as the court decided when trump's tried to stop the committee. the president is not asserting as to meadows. as you point out, there are many other deficiencies in the arguments in the meadows' case that was filed today, including that privilege doesn't protect this kind of misconduct. these are political actions. they're not within the official purview of the executive. and so, not within executive privilege. he's not going to succeed here. as you noted, this is about delay. it's about defiance. and it's about the desire to now placate president trump and try to cover up the truth. but quite a bit of the truth has gotten out through these 6,000 meadows documents. >> incredible. gloria, there is a schism within trump's inner circle and that schism is, you know, how trump was cheering on a crowd who was chanting hang mike pence while mike pence was -- was locked in a closet. with his chief of staff mark short. mark short and others are now cooperating. pence was in new hampshire today. yes, new hampshire. where presidential candidates begin their -- their trail. and here's what he said when he asked -- when asked about whether he was running. >> come 2023, we'll do what my family always does. we'll reflect, we'll pray. we'll see where we might be able to serve, and we'll go where we're called. >> i mean, gloria, pence is in a really tough spot then, right? because -- and he hasn't turned on trump directly but a lot of people that work around him are making it clear they are going to come and they are going to speak. they are not pulling any of the stuff that may deadows and bann are pulling. so a lot is at stake for pence here, whether he should be cooperate org not. >> it isn't until donald trump that people decided they could just dismiss congressional subpoenas. you know, this something that the stonewalling that started during the trump administration and now continues. we know what mike pence feels act about all of this. we know that he certified the electors. so, that will never make him popular with the base of the republican party. but people who had worked for him, who may not want to spend hundreds of thousands of dollars on lawyers, if they are subpoenaed or if they are asked to come in voluntarily, just will do that because they feel that it is their obligation. what they say to the committee, i don't know. but most people would feel that if you are subpoenaed by the congress of the united states, you want to at least try to comply with it. >> all right. thank you, both, very much. and next, the national guard -- one state calling in the guard tonight as covid cases surge there. plus, democrat joe manchin so far still not onboard with biden's so-called build back better plan. the white house says we'll keep millions employed. we'll talk about that. and the head of the international olympic committee speaking out tonight, refusing to budge when it comes to china's silencing tennis star peng shuai. >> but, you know, [ inaudible ] and about everything. an expert , who knows your business. knows your business! expert bookkeepers who understand your business. intuit quickbooks live bookkeeping. everything you've seen me do was made possible by what you don't see. cause when you're not looking, i go to work. ♪ strength isn't a given. it's grown. it's earned and tested. ♪ we all have the strength to see what's possible. it's up to us to unlock it. tonal. be your strongest. the lasting cologne scent of old spice dynasty helps get you off your couch. and into the driver's seat. ♪ healthier is getting all the stuff you may need to feel better get the door! ♪ ...from the comfort of home. ♪ this is what healthier looks like ♪ pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain relief. and now get relief without a pill with tylenol dissolve packs. relief without the water. 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>> we will see more of it and right now we have to understand if you look at the united just in the last two weeks, 23 different states have had more than a 20% increase in case numbers. and it's not just been in the northeast. that's surely been hard hit. our situation in the upper midwest continues to be where we have actually been in aurj surge now for the better part of ten weeks and it continues. so yes, expect to see numbers continue to go up. they have gone up quite dramatically just in the last three weeks for the whole country and that's been largely concentrated in the upper midwest and northeast but we expect to see other areas of the country also height up in the next several weeks. >> early data from hipfizer sho a booster dose may be possibly able to neutralize the omicron variant. but, you know, even if that bears out, we don't know what the numbers might actually be. but here is the reality is that only 26% of adults have gotten booster shots in this country, right? so, that is -- that is far from any sort of -- that's far from protection that any way, shape, or form. um, what do you do about that? that number's really low. >> well, you know, erin, we have had a challenge just as we just pointed out with delta. and that means that even in states that are vaccinated at the levels that new hampshire and vermont are, which is in high 70 to low 80% level, that still leaves enough unvaccinated people just to have the problems with delta. as you pointed out, those individuals that should be boosted right now are not getting boosted in any meaningful way which makes them not only vulnerable for delta but now omicron also. which is, we're very concerned about what that means. so, it is a challenge that, you know, we have tried everything from, you know, public relations to incentive offers to just having people see what's happening in our intensive care units and we still have that reluctant group of individuals that just won't get vaccinated. >> and -- and, you know, when you look at this, dr. fauci now is wavily -- his quote today was it is a matter of when, not if, in terms of when fully vaccinated is defined as three shots and not two. um, you know, and i know this opens all kinds of questions to people about well how do you even know if someone's vaccinated and are we going to have to keep doing this every six months? i am not even wondering about all that. i am just wondering with all these vaccine mandates, is it time to change mandate to define as three shots? >> well, i think we are all struggling as you know with the mandates and what's happening within the court systems to get them enacted. but i want to just emphasize that i fully agree with the idea that to be fully vaccinated today, you need to have three doses. i have said all along for many months that i thought that this should have been a three-primed dose vaccine to begin with. two-dose for the j&j vaccine. so now, reality is catching up. we actually have a major publication today in the new england journal of medicine from israel which fully supports lower incidence of death from covid among those who did get their boosters. this was largely delta. so, i think at this point that supports what we are talking about. >> all right. dr. osterholm, thank you so much. >> thank you. and next, americans leaving their jobs by the millions. leaving. the ceo of zip recruiter has an idea on why, and it really matters when it comes to the trillions of dollars of legislation they want to enact on capitol hill. and new video in the trial of a police officer who says she mistook her gun for her taser, killing a man. his mother, on the moment she learned what happened. >> what's wrong? 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(judith) yep, we do better when our clients do better. at fisher investments we're clearly different. ♪ what the he- -henry? ♪ thanks! if it's “out decorating the neighbors” season, it's walgreens season. - san francisco can have criminal justice reform and public safety. but district attorney chesa boudin is failing on both. - the safety of san francisco is dependent upon chesa being recalled as soon as possible. - i didn't support the newsom recall but this is different. - chesa takes a very radical perspective and approach to criminal justice reform, which is having a negative impact on communities of color. - i never in a million years thought that my son, let alone any six-year-old, would be gunned down in the streets of san francisco and not get any justice. - chesa's failure has resulted in increase in crime against asian americans. - the da's office is in complete turmoil at this point. - for chesa boudin to intervene in so many cases is both bad management and dangerous for the city of san francisco. - we are for criminal justice reform. chesa's not it. recall chesa boudin now. tonight, house speaker nancy pelosi says she believes congress could pass president biden's build back better plan by the christmas congressional break. but here we go, again. joe manchin -- crucial democratic senatorial vote says he is still undecided on whether he supports the bill and other senate democrats, frankly, appear really split on whether pelosi's timetable is, in any way, realistic. >> what i want for christmas is a build back better package done at least ten days before christmas. whether we get that kind of package remains to be seen. >> this is going to get to the white house and be signed by the president. um, before the end of december. >> what if it turns into next year? >> it's not going to go in next year. this is something that we need to do. >> okay. phil mattingly is out front. so, phil, you know, it's pretty amazing. this bill was supposed to pass in september, october, november. here we are, in december, and we are hitting up against the same problems and the same people and the same no problem it's going to pass, kind of hard to believe it at this point. does the white house think biden's going to get this done before christmas? >> welcome to congress. you know as well as anybody and i think the white house knows as well. look. publicly, white house officials have not diverge from that christmas deadline. senate majority leader chuck schumer made clear that is still the deadline just a couple weeks away but privately when you talk to white house officials, they acknowledge it is a heavy lift and not just because they aren't sure they are going to have all the votes they need. there is also procedural issues in order to be able to pass something with just a simple majority, they need to comply with budget rules. that is a lajty process. it's an ongoing process and that process, itself, is not done yet. then, there is the policy. obviously, the house sent over a bill. everybody in the senate acknowledged that that bill wasn't going to be the final product. there are changes on the rechb k revenue side of that proposal. likely, paid family leave won't make it into the senate bill. and then obviously, you have the votes. nothing moves forward without 50 votes. they still do not have commitment of at least two democratic senators, kyrsten sinema and joe manchin. he still has issues with the propose am. all of this needs to get worked out in two weeks and you know as well as anyone erin, that seems unl unlikely at this point but they are still pressing forward for now. >> phil, thank you very. . so, this fight over what biden calls the build back better act comes as we are seeing something on the ground that's really unprecedented in american history. and it's that millions and millions of americans are choosing not to go back to work. so, new data from the labor department shows that 11 million jobs were open in october. we just got that number today. 1 1 million jobs. 4.2 million americans voluntarily, in addition, quit that jobs that month. in september, its was 4.4 millin people. okay. you can do the math. that's 8.6 million in two months. out front now, ian siegel. he is the co-founder and ceo of zip recruiter. i am trying to understand here because the build back better act has been positioned as something that is going to alleviate some of these problems. do you think that president biden's build back better plan, which includes and -- and it would change what's in it but right now, expands access to childcare. earned income tax credit. paid family leave. are these the things that are going to turn all those numbers around? or is something else causing americans to quit thateir jobs? >> well, if you look at the data, um, in survey after survey -- surveys executed by zip recruiter and a number of third parties -- we keep asking this question, which is why is there such low workforce participation? and the answer keeps coming back the same in every one of these surveys, which is there has been a fundamental shift in what jobseekers are looking for from work. covid was effectively a grand social experiment where a number of people who participated in the workforce discovered a different way do to live their lives and they are unwilling to let go of the idea that that is how they want to work going forward. >> and so, by that, i just want to be clear and i am not asking you to take a position on these things but this isn't necessarily childcare access or any of that, right? this is about people wanting flexibility about where they work from and how often they go to a central office, right? we are talking about flexibility, which is something that build back better cannot deal with. um, that is -- that is a separate company issue. right? >> yeah, 100%. what we're looking at here is a desire from the working population for either what's called hybrid work or it's partially in the office, but most of the time out of the office. or fully-remote work. and if you look at the pre-covid period, less than 2% of jobs actually offered either hybrid or remote work. today, that's already up to 10% because employers are being forced to rapidly respond to this desire from the workforce in order to actually successfully recruit. right now, you are seeing the tightest labor market ever. that's not hyperbole. that's a measurable fact. there is less than one jobseeker for every open job and less than 60% of jobs that are currently posted are getting filled every month. >> wow. less than 60% are getting filled. this is amazing. i mean, so let me just say here because um, you know, what we hear from some who support the build back better plan on capitol hill are -- are that there are specific things in this that are going to turn all this around. here are some examples. >> the build back better legislation, which is a jobs bill. which is -- it's a jobs bill for women in the workplace. >> let's pass our build back better agenda. let us build an economy that works for working families. >> this is a fundamental game changer for families and for our economy. as more parents, especially women, can get back to work and work in the workforce. >> so again, ian, they are talking specifically about things like childcare access, right, paid family leave. um, you are saying obviously it's about something different. so, what can be done? what can be done to address what you are saying the vast majority of people want, which is flexibility? >> well, i don't want to minimize the impact of childcare on women's participation in the workforce because we definitely saw during covid when schools went virtual that the rate at which women dropped out of the workforce was far greater than the rate at which men dropped out of the workforce. so, know that that probably is going to be a job creator. but it is a small part of what is proving to be a much larger shift in what i am going to call the future of work. which is just simply put, the expectations people have for what they want in work as changed and more importantly, a lot of the jobs that are struggling to hire right now are jobs that require daily interaction with the general population. and those jobs were already sort of low satisfaction jobs, prior to covid. now, these individuals are being asked to perform a number of new tasks, things like checking vaccine cards. effectively, operating like bouncers in various restaurants or retail establishments. and it's an uncomfortable position to be put in for a minimum-wage job because you are not trained for this. and you get bad responses to it. >> all right. well, ian, i really appreciate your time and your thoughts. i hope that this adds to the conversation because i think it's really important. um, you know, when you talk about solutions, that -- that you're solving the problems that need to -- to be solved. thanks very much. appreciate it. >> thanks for having me zblvgts next, the head of the international olympic committee saying tonight that chinese tennis star peng shuai is in a quote fragile situation. and the trial in the case of a woman once called the next steve jobs. drawing spectators who were camping out overnight for a seat in the courtroom. >> even when she's getting asked questions where the answer is very damning to her, she just answers it perfectly. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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>> look, when it comes to the ioc and its credibility, its track record is spotty. i am old enough to remember the 2014 sochi winter olympics and thomas bach -- the ioc president then -- standing side by side with russian president vladimir putin defending russia's human rights records. and weeks after the games, russia invaded and annexed crimea from ukraine. even more egregious, we learned later that russian intelligence agencies were running a sophisticated doping scheme. doping russian olympic athletes at the games, right under the eyes of the ioc. when it comes to this situation, the ioc, in its defense, says it's engaging in quiet diplomacy. silent diplomacy. and it has managed to have two calls with peng shuai. they say they are going to try to meet with her face to face. but keep in mind that the ioc is partnered with the chinese government right now, very closely. and it is in their interest for the upcoming beijing winter olympics to be a success. they do not want to embarrass the chinese government. >> right. and i mean, even meeting with her face to face in china. you know, given that she is there and can't leave. you know, i mean, i -- i -- it -- i think i'm stating the obvious to say that wouldn't necessarily mean -- mean anything. um, you know, so the ioc president today, ivan, in that press conference was asked about having an independent observer join their video calls with peng. just that. an independent observer on the video call to give another point of view, another perspective on how she is and whether she's being coerced. how did he handle that? >> yeah. he got a little prickly here. the suggestion was, could former-tennis champion who's been very outspoken about peng shuai and human rights -- could she be an independent observer? listen to some of his response. >> why don't you respect peng shuai in this and let her decide where her -- the priorities are? you know, the most important human right and this is the physical integrity. >> he spent a lot of time talking about political neutrality. that's getting harder and harder with a growing diplomatic boycott movement against the beijing winter games. led by the u.s., now joined by australia, the uk, and canada. >> all right, ivan, thank you very much from hong kong tonight. and tomorrow morning. and out front next. long lines in silicon valley for what is now the hottest ticket in town. a trial. people want to see this failed business tycoon charged with criminal fraud. and day one in the testimony of the trial of a police officer who kill add man saying she mistook her gun for a taser. the state today using her own words against her. the living room slash yoga shanti slash regional office slash... and this is the basement slash panic room. maybe what your family needs is a vacation home slash vacation home. find yours on the vrbo app. if you're an adult newly diagnosed with non-small cell lung cancer that's spread and tests positive for pd-l1 without an abnormal egfr or alk gene, your first option could be a chemo-free combo that works differently. opdivo plus yervoy equals a chance for more nights to remember. more days to savor. a chance to live longer. opdivo and yervoy can cause your immune system to harm healthy parts of your body during and after treatment. these problems can be severe and lead to death. see your doctor right away if you have a cough; chest pain; shortness of breath; irregular heartbeat; diarrhea; constipation; severe stomach pain, nausea or vomiting; dizziness; fainting; eye problems; extreme tiredness; changes in appetite, thirst or urine; rash; itching; confusion; memory problems; muscle pain or weakness; joint pain; flushing; or fever. these are not all the possible side effects. problems can occur together and more often when opdivo is used with yervoy. tell your doctor about all medical conditions including immune or nervous system problems, if you've had or plan to have an organ or stem cell transplant, or received chest radiation. a chance to live longer. ask your doctor about a chemo-free combo, opdivo plus yervoy. [uplifting music playing] ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ ♪ ♪ ♪ "how bizarre" by omc ♪ no annual fee on any discover card. ♪ ♪ ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us tonight the defense team for elizabeth hoechls resting their case after the disgraced founder of the failed blood testing startup, theranos, finished testifying in her criminal trial. okay. now, if you haven't heard of theranos, it's an incredible story. it's a high-profile trial. one of the most we have seen in ages. captivating many across the country. and in silicon valley, long lines of people are forming before dawn to get in line to get a seat inside the courtroom. i am not making this up. it's incredible. camila bernal is out front. >> reporter: she was once labeled the next steve jobs. but as her 14-week criminal trial comes to a close, former-silicon valley entrepreneur elizabeth holmes could, instead, become the next ceo headed to prison. >> god bless you, girl boss. >> reporter: her mother and husband have been by her side supporting the 37-year-old who could face up to two decades in prison for multiple counts of wire fraud and conspiracy. reporters and members of the public line outside the court hoping to get a glimpse of. many arriving in the wee hours of the morning to nab one of the few open seats inside. >> we were here every day at 3:30 and we were kind of late. there were -- there was at least 15 people here before us. >> reporter: holmes has taken the stand in her own defense for the last seven days. >> she's very smooth. i am really amazed that even when she's getting asked questions where the answer's very damning to her, she just answers it perfectly, you know, yes. no, i didn't. yes, that's right. >> reporter: as founder of the blood-testing technology company theranos, she gained the attention of presidents. >> we could make a difference in the world. >> reporter: vice presidents. >> it's an incredible time in the context of the ability to leverage investments in technology. >> reporter: medical experts. and of course, investors. including, a reported $125 million from fox news's rupert murdoch and 85 grand from general jim mattis. but prosecutors say she misled everyone. lying about her company's capabilities for financial gain. a windfall of billions. her defense attorneys are painting holmes as a true believer in the company's technology. on the witness stand, holmes claimed she was the victim of her former-theranos business partner, who she says sexually assaulted her and controlled her every move. balwani has denied the allegations. holmes admits she made some mistakes but says she never intended to deceive anyone. still, some see her as a symbol of female power and wealth. a girl boss. dedicated social media pockets a posts and parodies. even this hate to see a girl boss winning t-shirt. but winning, in this case, will now be up to the jury. and we have heard that iconic deep voice, elizabeth holmes even getting emotional at times. but overall, this case has huge implications here in silicon val ily and pour startups because the jury will be deciding whether this fake it till you make it mentality, these ceos hyping up their companies is okay. or whether that is fraud and the jury, erin, will draw the line. >> incredible story. camila, thank you very. and i want to go now to emily saul, reporter for the podcast bad blood, the final chapter, which examines the holmes' trial. and you have been inside the courtroom covering it all so you have seen this week after week and you saw holmes testify in her own defense. you see the people every day lining up in the dark trying to get a seat just to see her. why is there such a fascination with elizabeth holmes? >> you know, i think it goes to some of the issues that you discussed, you know, earlier in the piece. people really were excite today see a girl boss. they were excited to see someone who is young, a woman in this space, someone who had technology that, um, could revolutionize, you know, healthcare as we know it and make it accessible to many more people. so then, the idea that, you know, there's this celebrity who was perpetuating such a fraud i think is very attractive to people. >> yeah, and just the epic fraud involved here. i mean, you know, she was once hailed as the next steve jobs. she was the world's youngest female billionaire. you know, no matter how many smoke and mirrors were about it, at a moment, that was true. and now, 11 counts of fraud, emily, and conspiracy. 20 years in prison, if convicted. her fall from the highest levels of power in society is one of the most stunning in american business history. how did we get here? >> um, well, you know, it really started with -- with her conversations with the media. um, and she was looking to grow her company and continue to bring in money from investors. um, and, you know, ultimately, the case the government put on, you know, started with articles written by my colleague on the podcast, our host john kerry wrote when he was at the "wall street journal" because she was telling investors that their those was using their proprietary technology when, in fact, therapy using modified third-party devices which, um, she during trial said were trade secrets. >> incredible. emily, thank you so much. i appreciate your time. as we said, catch emily's podcast and she's been in that courtroom every day. and next, key testimony today in the trial of a police officer who says she mistook her gun for her taser and killed a man. his emotional mother took the stand today. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. tv: mount everest, the tallest mountain on the face of the earth. keep dreaming. [coins clinking in jar] ♪ you can get it if you really want it, by jimmy cliff ♪ ♪ [suitcase closing] [gusts of wind] [gusts of wind] [ding] small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. tonight, emotional testimony in the first day of the kim potter trial. the veteran police officer charged with killing daunte wright after potter says she mistook her gun for her taser during a traffic stop. you remember this earlier-this year. the prosecution calling wright's mother to the stand today who described seeing her son's body on the ground. adrienne broaddus is out front, and i warn you that some of the video in her piece is disturbing. >> reporter: katie bryant shaken as she describes her final conversation with her son, daunte wright. bryant was the first witness called in the manslaughter trial of former-police officer kim potter. potter is accused of shooting and killing wright, after she says she mistakingly pulled her gun instead of her taser. >> he called me to tell me that he has been pulled over. he asked, you know, if he was in trouble. and he just sounded really nervous. but i reassured him that it would be okay. >> reporter: but what bryant heard next still haunts her. >> i could hear the phone being put down. i heard them say somebody tell somebody to hang up the phone. and then, that's all i heard. >> reporter: on the stand, bryant revealing what she saw on facetime. >> and she said that they shot him. and she faced the phone towards the driver's seat. my son was laying there. he was unresponsive, and he -- he looked dead. >> reporter: bryant testified a neighbor then drove her to the scene about ten miles outside minneapolis. she identified her son in the middle of a street by his sneakers. >> it was the worst day of my life. >> reporter: defense attorneys arguing there was a warrant for wright's arrest, and he resisting. >> he had to be arrested on the warrant. a court of law directed him to arrest him. >> reporter: both sides focusing on potter pulling her gun, instead of the taser. >> [ bleep ]. taser, taser, taser! >> a key issue in the case for you is what was her conscious thought as to whether or not she had a taser in her arm or whether or not she had a gun? that's why she said taser, taser, taser. she didn't say, gun, gun, gun. >> we trust them to know wrong from right and left from right. this case is about an officer who knew not to get it dead wrong but she failed. >> reporter: wright was, initially, pulled over in april for an expired tag and an air freshener. potter then tells wright he has an outstanding warrant and another officer attempts to arrest him. body camera footage shows the shooting. >> taser, taser, taser! [ bleep ]. [ bleep ]. i just shot him. >> reporter: the prosecutor using potter's own words against her. and we also heard from that rookie officer potter was training that day, anthony lucky. some of his testimony focused on why service weapons are on the opposite side of their duty belt. when he testified, he said it's so officers don't confuse their firearms with their tasers. erin. >> aidery yen, thank you very much. and thanks very much to all of you for being with us. "ac 360" starts now. good evening. i'm wolf blitzer sitting in for andersonment tonight, the former public servant and memoir writer who will no longer tell the public about january 6th, unless it's the book-buying public, has just raised the legal ante against lawmakers wanting to know. former trump white house chief of staff, mark meadows, fresh from blowing off the deposition today before the house select committee and facing criminal contempt proceedings is now suing the members of the